• Is free movement of persons restricted?

• If a national measure is a restriction, it must be set aside unless it is justified under the derogations provided for in Article 45 (2) TFEU or Article 45 (4) TFEU or/and under clarifications in Directive 2004/38.

• If a measure is a restriction, but justified under the derogations, it must still be set aside unless it is necessary in a democratic society.

• Finally, the principle of proportionality applies to the examination of whether the measure is justified.